Personal reflections on drafting laws to improve women's access to land: is there a magic wand?

McAuslan, Patrick

doi:10.1080/17531050903556683

Cited by 19 publications

(12 citation statements)

References 4 publications

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“…Though the Rwandan government has multiplied the efforts to strengthen women's land rights since the last decade by taking strategic actions, including the elaboration of land policies and laws (Daley et al, 2010;McAuslan, 2010), the findings show that women are still involved in land conflicts and still face challenges while claiming their rights. Gender relations that are strongly entrenched in social and cultural norms based on male supremacy influence these challenges.…”

Section: Concluding Discussionmentioning

confidence: 99%

Women’s Experiences of Land Conflicts in the Context of the Land Tenure Reform Program in Rwanda

Bayisenge¹

2015

IJGWS

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Land is a highly important and contested resource in developing countries, and despite measures taken to ensure gender equality in land-ownership, women experience more land-related conflicts than men. The purpose of this paper is to explore women's experiences of land-related conflicts in the context of the Land Tenure Reform Program in Rwanda. Theoretically, a bargaining approach to land conflicts guides the understanding of the findings and their analysis. Empirical data are mainly collected from 480 women in the Musanze District, using survey interviews, semi-structured interviews and Focus Group Discussions. Findings indicate that only a small number of women reported having encountered land conflicts, which may be related to the culture of not exposing family issues to the public. Land conflicts that women face are mostly related to inheritance, polygamy and the daily management of land and its produce. Women reported that challenges such as lack of legal knowledge, as well as rejection of their claims by their husbands, families and community affect their willingness to pursue claims for their rights. The challenges that women are confronted with while claiming their rights are mainly influenced by the power structure that are based on male supremacy. Consequently, reforms aiming at strengthening women's land rights must be based on a good understanding of social and cultural norms.

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Section: Concluding Discussionmentioning

confidence: 99%

Women’s Experiences of Land Conflicts in the Context of the Land Tenure Reform Program in Rwanda

Bayisenge¹

2015

IJGWS

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“…Scholars such as Bayisenge et al (), Bayisenge (), Daley et al (), and McAuslan () have commended Rwanda for the legal clarity, progressive policy, and government support for gender equality in land rights compared with other countries in the region. However, they have also reported some challenges that should be taken into consideration in order for the good laws to be implemented and not remain as rhetoric.…”

Section: Background To Women's Land Rights and Lrtp In Rwandamentioning

confidence: 99%

“…There are several studies that have analysed women's land rights within the new legal land framework in Rwanda prior to the completion of LRTP. Some of these studies are empirical, whereas others are theoretically discussing different standpoints and different stakeholders (Ayalew, Deininger, & Goldstein, ; Daley et al, ; Daley & Englert, ; McAuslan, ; Musahara & Huggins, ; Polavarapu, ; Rwanda Women's Network, ). Most published works after the completion of the programme are mainly reports by the United States Agency for International Development Land Project Rwanda like the ones conducted by Biraro et al (), Joney‐Casey, Dick, and Bizoza (), Radio ISHINGIRO (), and by some independent researchers and consultants such as Gillingham and Buckle ().…”

Section: Introductionmentioning

confidence: 99%

From male to joint land ownership: Women's experiences of the land tenure reform programme in Rwanda

Bayisenge

2018

Journal of Agrarian Change

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During the post-genocide period, the Government of Rwanda embarked on a land tenure reform programme that culminated in a land registration and titling process in 2009. This paper intends to capture women's experiences in relation to this programme. The empirical data were collected in Musanze District using a household survey, semi-structured interviews, and focus group discussions. The main findings reveal that there is support of the general idea that women should benefit from the land tenure reform in Rwanda. However, there is some criticism towards parts of the land laws, and women have limited actual knowledge about land-related laws. With land titles, women mostly have a say on the land use decisions requiring each of the spounses' legal consents but not on the daily management of land and its produce. Finally, the paper reports the persistence of social norms and culturally biased gender ideologies affecting the effective implementation of land-related laws and policies. Therefore, the paper underscores the need to build the implementation of new laws and policies on a good understanding of customary practices to strengthen women's land rights in Rwanda.

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“…And third, to use the market: ‘women can escape both the restrictions of the customary and the antipathy of governments to reform’. Again, he indicates this might not be easy, by noting that in Kenya, women buying land with their own money are required to have it registered in their husbands’ names (also see McAuslan, ).…”

Section: Urban Planning and Gender Issuesmentioning

confidence: 99%

Analysing Land Law Reform

Peters¹

2014

Development and Change

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Personal reflections on drafting laws to improve women's access to land: is there a magic wand?

Cited by 19 publications

References 4 publications

Women’s Experiences of Land Conflicts in the Context of the Land Tenure Reform Program in Rwanda

Women’s Experiences of Land Conflicts in the Context of the Land Tenure Reform Program in Rwanda

From male to joint land ownership: Women's experiences of the land tenure reform programme in Rwanda

Analysing Land Law Reform

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